What you’ll learn reading this article:
- If you’re injured on a landlord’s property, you may be able to sue them.
- A landlord’s liability depends on whether their actions allowed the injury to happen.
- A personal injury attorney can help a renter stand up to their landlord and seek much-needed compensation.
As a renter, you rely on your landlord to provide a safe and comfortable place to live. So if your landlord allows the premises to be unsafe, you may have a legal case against them.
Let’s say the concrete steps to your rental house are old and falling apart. One day as you’re carrying groceries up the walkway, a step crumbles and you slip and fall to the ground. Suddenly you need expensive medical care for a hip injury and are missing weeks of work.
Now what? Will your landlord pay your medical bills? What about your lost wages? Whether or not your landlord will be held liable depends on the circumstances of the situation.
Many Factors are Involved in Proving Landlord Negligence
Legal negligence occurs when a landlord could have foreseen that something might harm a tenant, yet the landlord failed to fix it. Whether or not they intended to cause harm is irrelevant. “I didn’t mean to!” is no excuse under the law.
To win a personal injury lawsuit against your landlord, you’ll need to prove that the landlord showed negligence in maintaining their premises safely for you. The court will weigh various factors to determine whether the landlord behaved negligently.
Control – Show that the injury occurred on the landlord’s property, which is under their control. Landlords are usually obligated to maintain and repair any property they’re renting out.
Knowledge – Provide any evidence you can find that the landlord knew, or should have known, about an existing danger. If you notified them about it, show proof. You can also show that the landlord failed to notify you about known dangers, which landlords are supposed to do.
Foreseeability and feasibility – The court will consider whether a reasonable person could have foreseen the dangerous situation. They’ll also look at whether a simple, reasonably-priced solution from the landlord could have prevented it.
Failure to act – Considering all of the evidence involved, did the landlord fail to remove a hazard that caused your injury? This will likely be one of the key factors in your case.
Examples of Issues That Arise in Landlord Negligence Cases
Every case is unique, but there are certain circumstances that frequently arise in tenant-landlord lawsuits. Speak to a personal injury attorney to see if any of these issues could be factors in your case.
Your landlord is calling it a freak accident. Landlords aren’t typically held responsible for freak accidents nobody could have predicted. But your landlord may try to use this as an excuse for a very obvious hazard. You and your lawyer can provide evidence that shows it wasn’t just a freak occurrence.
Your landlord is placing the blame on you. A landlord can try to blame you for causing your own injuries. However, blaming you doesn’t erase your landlord’s legal responsibility to provide safe premises.
Your landlord says you never notified them. It’s common for landlords to brush off the blame by saying nobody told them about the hazard. This leads to legal questions about foreseeability and their duty of care. Your lawyer can help you understand how to handle this situation.
Your landlord harasses or threatens you. Landlords sometimes handle tenant disputes poorly and begin to threaten, stalk, cyberbully, or otherwise harass the tenant. If this happens to you, get legal representation immediately to put a stop to it.
Seeking Proper Compensation From Your Landlord
In Indiana, an injured tenant can seek compensation from their landlord for:
- Medical bills, including emergency care and ongoing doctor’s visits
- Current and future lost wages as a result of an injury
- Emotional suffering that arose from the incident
Don’t let your landlord stonewall you or pressure you not to sue. Hold them responsible for what happened, before their negligence hurts someone else. A lawsuit puts your landlord on notice that you’re an Indiana renter who knows how to stand up for your rights.
Poynter & Bucheri Accident Recovery – Indianapolis Personal Injury Attorneys
If you or a loved one has been injured physically or mentally by a person, product, or company, you need to know your legal rights. Our personal injury attorneys are experienced with cases like yours and can evaluate what your case may be worth. We will ensure that you are protected and compensated for your injuries and losses. Don’t hesitate – one of our experienced attorneys can assist you right away. Call 1-800-265-9881 for a free case review.